ISSN 2736-1608
International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (3), pp. 001-006, March, 2020. © International Scholars Journals
Review
Understanding the relationships between local court system and restorative justice in contrast to the International Criminal Court (ICC)
Oricho Otieno Dennis
Jesuit Hakimani Centre, Nairobi, Kenya. E-mail: [email protected]. Tel: +254 718 716 109.
Accepted 11 December, 2019
Abstract
The article aims to compare the role that the International Criminal Court, as opposed to local courts is able to play in providing restorative justice in post-conflict societies. The author examines in detail the experience of the Rwandese ‘Gacaca’ courts, in order to demonstrate that local courts achieve better results than international or Western-biased criminal courts. The article further raises many useful insights that can throw some light on some of the current problems in Africa. While this traditional mechanism of the local court system demonstrates the wisdom that has sustained the local court systems, the modern African leaders appear to rebel against their roots through dictatorial rule that sentences the greater percentage of the population to a miserable life in pursuance of justice. It is within this perspective that the author noted that local tribunals of suspects can easily speed the trials which would cost the government dearly if international criminal courts were used. However, reconciliation and forgiveness remain pertinent challenges of local courts system because of the tensions that are eminent between victims, offenders and the community due to poor mechanism for reintegration for those found guilty.
Key words: Grand coalition, rigging, Gacaca, toxic leaders, impunity, genocide, restorative justice, local tribunal, International Criminal Court, perpetrators.